Ministers' Deputies
    Notes on the Agenda

    CM/Notes/824/4.6 20 December 2002
    ———————————————

    824 Meeting, 15 January 2003
    4 Human Rights


    4.6 Advisory Committee on the Framework Convention for the Protection of National Minorities

    Draft resolutions on the implementation of the Framework Convention for the Protection of National Minorities by Armenia, Germany and Moldova

    Item prepared by the GR-H

    Reference documents
    GR-H(2002)CB19

    ———————————————

    Action

    To consider, with a view to their adoption, draft resolutions on the implementation of the Framework Convention by Armenia, Germany and Moldova as they appear in the appendices to the present Notes.

    The draft resolutions on the implementation of the Framework Convention were discussed by the Rapporteur Group on Human Rights (GR-H) at its meeting on 12 December 2002 (see document GR-H(2002)CB19).

    Financing assured: YES

    DRAFT DECISIONS

    824th meeting – 15 January 2003

    Item 4.6

    Advisory Committee on the Framework Convention for the Protection of National Minorities
    Draft resolutions on the implementation of the Framework Convention for the Protection of National Minorities by Armenia, Germany and Moldova
    (GR-H(2002)CB19)

    Decisions

The Deputies

    1. adopted Resolution ResCMN(2003).. on the implementation of the Framework Convention for the Protection of National Minorities by Armenia, as it appears in Appendix .. to the present volume of Decisions ;<see Appendix 1 to the present Notes>

    2. adopted Resolution ResCMN(2003).. on the implementation of the Framework Convention for the Protection of National Minorities by Germany, as it appears in Appendix .. to the present volume of Decisions ;<see Appendix 2 to the present Notes>

    3. adopted Resolution ResCMN(2003).. on the implementation of the Framework Convention for the Protection of National Minorities by Moldova, as it appears in Appendix .. to the present volume of Decisions.<see Appendix 2 to the present Notes>

    Appendix I

    Resolution ResCMN(2003)…
    on the implementation of the Framework Convention for the Protection of National Minorities
    by Armenia

    (Adopted by the Committee of Ministers on … 2003
    at the … meeting of the Ministers' Deputies)


    The Committee of Ministers, under the terms of Articles 24 to 26 of the Framework Convention for the Protection of National Minorities (hereinafter “the Framework Convention”), and sitting in the presence of a non-member state Party1 ;

    Having regard to Resolution (97) 10 of 17 September 1997, setting out rules adopted by the Committee of Ministers on the monitoring arrangements under Articles 24 to 26 of the Framework Convention, and particularly rule 392 of Resolution (97) 10 ;

    Having regard to the voting rule adopted with Resolution (97) 103 ;

    Bearing in mind the instrument of ratification submitted by Armenia on 20 July 1998 ;

    Recalling that the Armenian Government submitted its state report in respect of the first monitoring cycle under the Framework Convention on 11 June 2001 ;

    Whereas the Advisory Committee accepted the invitation of the Government of Armenia to send a delegation to gather further information in Armenia, this visit taking place from 10 to 14 December 2001 ;

    Whereas the opinion of the Advisory Committee on implementation of the Framework Convention by Armenia was adopted on 16 May 2002, and then transmitted to the Permanent Representative of Armenia and communicated to the permanent representatives of all member states and to the Representative of a non-member state Party as document CM(2002)90 ;

    Whereas the Government of Armenia submitted its written comments on the opinion of the Advisory Committee, these written comments having been communicated to the delegations of all member states and a non-member state Party as an addendum to document CM(2002)90, dated 16 October 2002 ;

    Having examined the opinion of the Advisory Committee and the written comments of the Government of Armenia;

    Having also taken note of comments by other governments ;

    1. Adopts the following conclusions concerning implementation of the Framework Convention by Armenia :

    - A general spirit of intercultural understanding, respect and comprehension prevails in Armenia today, and the Armenian authorities are clearly committed to implement the Framework Convention.

    - Shortcomings still exist in such fields as education, access to media, use of minority languages in the public sphere and participation in public affairs.

    - Concerning legislation, it is essential to establish an appropriate legal framework for the protection of national minorities, pursuing the initiatives already taken in this respect. In institutional terms, the setting-up of a specialised government structure should facilitate a better co-ordination between the authorities concerned and the development of a genuine public policy in this area.

    - Concerning practice, further efforts are needed to enable persons belonging to national minorities to maintain and develop their culture, and preserve their identity. It is essential that the initiatives recently taken in this area be implemented as soon as possible, in order, inter alia, to enable the establishment of a cultural centre for national minorities.

    - Further legislative and practical efforts are needed to broaden the possibilities of access to and presence in the media by persons belonging to national minorities. The amount of broadcasting time allocated to minority languages in the public audiovisual services, particularly on television, should be increased. The state should also provide greater support for the establishment of private media, both electronic and print, by persons belonging to national minorities.

    - Certain problems have been noted in the field of education, particularly concerning teaching of or in minority languages. The authorities should show greater commitment in order to enable persons belonging to national minorities to enjoy equal access to education and to promote awareness of the culture, history, languages and traditions of both the minorities and the majority. Increased attention is needed with respect to the Assyrians and the Yezidis.

    - Improvements are necessary with regard to the participation of persons belonging to national minorities in the taking of decisions concerning them. The authorities should broaden the forms of consultation with these persons and implement without delay the planned institutional measures in this connection.

    2. Recommends that Armenia take appropriate account of the conclusions set out in section 1 above, together with the various comments in the opinion of the Advisory Committee.

    3. Invites the Government of Armenia, in accordance with Resolution (97) 10, to:

    a. continue the dialogue in progress with the Advisory Committee;
    b. keep the Advisory Committee regularly informed of measures taken in response to the conclusions and recommendations set out in sections 1 and 2 above.

    Appendix 2

    Resolution ResCMN(2003)…
    on the implementation of the Framework Convention for the Protection of National Minorities
    by Germany

    (Adopted by the Committee of Ministers on … 2003
    at the … meeting of the Ministers' Deputies)

    The Committee of Ministers, under the terms of Articles 24 to 26 of the Framework Convention for the Protection of National Minorities (hereinafter referred to as “the Framework Convention”), and sitting in the presence of a non-member state Party4;

    Having regard to Resolution (97) 10 of 17 September 1997 setting out rules adopted by the Committee of Ministers on the monitoring arrangements under Articles 24 to 26 of the Framework Convention in particular rule 395 of Resolution (97) 10;

    Having regard to the voting rule adopted in the context of adopting Resolution (97) 106;

    Having regard to the instrument of ratification submitted by Germany on 10 September 1997 ;

    Recalling that the Government of Germany transmitted its state report in respect of the first monitoring cycle under the Framework Convention on 24 February 2000;

    Whereas the Advisory Committee accepted the invitation of the Government of Germany to send a delegation to gather further information in Germany; this visit taking place from 26 to 29 June 2001;

    Whereas the Advisory Committee's opinion on the implementation of the Framework Convention by Germany was adopted on 1 March 2002 and then transmitted to the Permanent Representative of Germany and communicated to the permanent representatives of all member states and to the Representative of a non-member state Party as document CM(2002)43 and subsequently made public by the German Government;

    Whereas the Government of Germany submitted its written comments on the opinion of the Advisory Committee within the time-limit of four months following the communication of the said opinion, these written comments having been communicated to the delegations of all member states and a non-member state Party as an addendum to document CM(2002)43 dated 3 September 2002;

    Having examined the Advisory Committee's opinion and the written comments of the Government of Germany;

    Having also taken note of comments by other governments;

    1. Adopts the following conclusions concerning the implementation of the Framework Convention by Germany:

    - Germany has made commendable efforts to support national minorities and their cultures, notably through the financial support provided by the Federal authorities and the various measures taken by the Länder in the fields of education, media and cultural affairs.

    - There is scope for improvement in the media sector, in particular concerning the development of radio and television programmes for both the Danish and the Frisian minorities. The use of minority languages in relations with administrative authorities appears rather limited and there remain shortcomings in the practical implementation of existing provisions in this respect, notably in areas traditionally settled by the Sorbs.

    - Despite legal requirements to display topographical indications in the Sorbian language in areas traditionally inhabited by the Sorbs, the rate of changing monolingual to bilingual signs is progressing too slowly.

    - In the field of education, the persisting threat of closure of schools providing full education in Sorbian needs to be given continuous consideration so as to secure the long-term future of traditionally established Sorbian classroom education. The current situation of the Frisian language in the educational system also merits being reviewed in order to reinforce it.

    - There is deep concern about the forced dissolution of a municipality with a Sorbian identity in order to allow lignite quarrying to continue. The forced dissolution is likely to make the preservation of the Sorbian minority identity more difficult due to the population displacement involved.

    - Despite valuable efforts, the implementation of the Framework Convention has not been fully successful for the Roma/Sinti. It is important that the Länder's various methods of collecting criminal data of an ethnic nature are pursued in full compliance with the principles laid down in Article 3 of the Framework Convention. Problems persist with regard to attitudes of rejection or hostility towards persons belonging to the Roma/Sinti minority and substantial efforts are needed to ensure the effective participation of this minority particularly in cultural, social and economic life. There is also reason for concern about the over-representation of, amongst other groups, Roma/Sinti children at lower secondary schools and special schools for under-achievers, a state of affairs which merits close attention and the implementation of effective remedial measures.

    2. Recommends that Germany take appropriate account of the conclusions set out in section 1 above, together with the various comments in the Advisory Committee's opinion.

    3. Invites the Government of Germany, in accordance with Resolution (97) 10:

    a. to continue the dialogue in progress with the Advisory Committee;

    b. to keep the Advisory Committee regularly informed of the measures it has taken in response to the conclusions and recommendations set out in section 1 and 2 above.

    Appendix 3

    Resolution ResCMN(2003)…
    on implementation of the Framework Convention for the Protection of National Minorities by Moldova

    (Adopted by the Committee of Ministers on … 2003
    at the … meeting of the Ministers' Deputies)

    The Committee of Ministers, under the terms of Articles 24 to 26 of the Framework Convention for the Protection of National Minorities (hereinafter “the Framework Convention”), and sitting in the presence of a non-member state Party7;

    Having regard to Resolution (97) 10 of 17 September 1997, setting out rules adopted by the Committee of Ministers on the monitoring arrangements under Articles 24 to 26 of the Framework Convention, and particularly rule 398 of Resolution (97) 10;

    Having regard to the voting rule adopted with Resolution (97) 109;

Bearing in mind the instrument of ratification submitted by Moldova on 20 November 1996;

    Recalling that the Government of Moldova submitted its state report in respect of the first monitoring cycle under the Framework Convention on 29 June 2000;

    Whereas the Advisory Committee accepted the invitation of the Government of Moldova to send a delegation to gather further information in Moldova, this visit taking place from 31 October to 5 November 2001;

    Whereas the Advisory Committee's opinion on implementation of the Framework Convention by Moldova was adopted on 1 March 2002, and then transmitted to the Permanent Representative of Moldova and communicated to the permanent representatives of all member states and to the Representative of a non-member state Party as document CM(2002)44;

    Whereas the Government of Moldova submitted its written comments on the opinion of the Advisory Committee, these written comments having been communicated to the delegations of all member states and a non-member state Party as an addendum to document CM(2002)44 dated 9 October 2002;

    Having examined the Advisory Committee's opinion and the written comments of the Government of Moldova;

    Having also taken note of comments by other governments;

    1. Adopts the following conclusions concerning implementation of the Framework Convention by Moldova:

    - Moldova has made commendable efforts to establish a legal and institutional framework for the protection of national minorities, and has clearly demonstrated its wish to implement the Framework Convention in practice, especially with respect to education and culture.

    - Shortcomings and difficulties remain, particularly affecting persons belonging to disadvantaged or numerically smaller national minorities, in such fields as access to media, participation in public affairs, and use of minority languages.

    - The legislative changes required by the Organic Law adopted in 2001 should be made without delay, in consultation with the persons concerned. It is essential to ensure, through the implementation of the relevant legislation, appropriate protection of persons belonging to all national minorities and their respective identities and cultures, including those of disadvantaged or numerically smaller minorities.

    - Although a spirit of tolerance and interethnic dialogue exists in Moldovan society, tensions have arisen with regard to the Government's language policy. To avoid all manifestations of linguistic intolerance, it is essential to promote a balanced approach in this area, taking account of the legitimate interests of all national minorities as well as of the majority.

    - In view of the substantial imbalance noted between the various national minorities in the matter of their access to and presence in the media, it is important that the Government provides increased support to the national minorities which are disadvantaged in this area, and particularly to the Ukrainian minority.

    - In the field of education, it is essential to consult representatives of the various national minorities, with a view to providing a balanced response to their specific needs and ensuring their equitable access to the resources available. Special attention should be paid to numerically smaller minorities and to those that are not in a position to enjoy the support of a kin-state.

    - In spite of some recent initiatives by the authorities, the implementation of the Framework Convention has not been fully successful with respect to the Roma. Action is urgently needed to eliminate the manifestations of discrimination and the serious socio-economic difficulties faced by a number of Roma, and to foster their integration into Moldovan society.

    2. Recommends that Moldova take appropriate account of the conclusions set out in section 1 above, together with the various comments in the Advisory Committee's opinion.

    3. Invites the Government of Moldova, in accordance with Resolution (97) 10, to:

    a. continue the dialogue in progress with the Advisory Committee;

    b. keep the Advisory Committee regularly informed of measures taken in response to the conclusions and recommendations set out in sections 1 and 2 above.

Note 1 The Federal Republic of Yugoslavia
Note 2 According to Rule 39 of Resolution (97) 10, “the Committee of Ministers shall invite a representative from each non-member Party to attend the meetings of the Committee of Ministers whenever it exercises its functions under the Framework Convention, without the right to participate in the adoption of decisions”.
Note 3 In the context of adopting Resolution (97) 10 on 17 September 1997, the Committee of Ministers also adopted the following rule: “Decisions pursuant to Articles 24.1 and 25.2 of the Framework Convention shall be considered to be adopted if two-thirds of the representatives of the Contracting parties casting a vote, including a majority of the representatives of the Contracting parties entitled to sit on the Committee of Ministers, vote in favour”.
Note 4 The Federal Republic of Yugoslavia
Note 5 According to Rule 39 of Resolution (97) 10, “the Committee of Ministers shall invite a representative from each non-member Party to attend the meetings of the Committee of Ministers whenever it exercises its functions under the Framework Convention, without the right to participate in the adoption of decisions”.
Note 6 In the context of adopting Resolution (97) 10 on 17 September 1997, the Committee of Ministers also adopted the following rule: “Decisions pursuant to Articles 24.1 and 25.2 of the Framework Convention shall be considered to be adopted if two-thirds of the representatives of the Contracting parties casting a vote, including a majority of the representatives of the Contracting parties entitled to sit on the Committee of Ministers, vote in favour”.
Note 7 The Federal Republic of Yugoslavia
Note 8 According to Rule 39 of Resolution (97) 10, “the Committee of Ministers shall invite a representative from each non-member Party to attend the meetings of the Committee of Ministers whenever it exercises its functions under the Framework Convention, without the right to participate in the adoption of decisions”.
Note 9 In the context of adopting Resolution (97) 10 on 17 September 1997, the Committee of Ministers also adopted the following rule: “Decisions pursuant to Articles 24.1 and 25.2 of the Framework Convention shall be considered to be adopted if two-thirds of the representatives of the Contracting parties casting a vote, including a majority of the representatives of the Contracting parties entitled to sit on the Committee of Ministers, vote in favour”.


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